New Jersey Criminal Defense Attorney Anthony N. Palumbo
www.palumbo-renaud.com

“Extended term” sentencing in New Jersey is a mechanism by which a judge has the discretion to extend an individual’s sentence beyond the penalties normally associated with the conviction when certain circumstances exist.  When a person is convicted of a first, second, or third degree crime, the prosecution may request that the judge consider an extension.

Although this list is not conclusive, in general, circumstances that allow for “extended term” sentencing exist when the defendant has been convicted of a first, second or third degree crime, and he is either a persistent offender, professional criminal, or has committed the crime in exchange for money or something of pecuniary value.  These circumstances should be distinguished from those mandating that a judge extend the term.  Extension based on the above circumstances is discretionary and it is fully within the judge’s decision making powers to determine whether the extension is warranted.

A recent article in NJ.COM, a news website providing local New Jersey news provided a good example of a situation in which a judge found it was appropriate to extend a sentence on the prosecution’s request.   In the article, a New Jersey man was sentenced to 30 years in prison for a conviction of armed robbery.  The man, Mr. Shadee Alexander, held up a small deli owned by a married couple, and during the commission of the crime, threatened to shoot the couple’s 10-year-old granddaughter unless the cash was handed over.  Mr. Alexander absconded with a total of $220 dollars, and was apprehended a few blocks away.

Mr. Alexander is 29-years-old, and at the time he was convicted, he was already serving a sentence for aggravated assault and unlawful possession of a weapon.  In New Jersey, robbery is a second degree crime which can be upgraded to a first degree crime when a deadly weapon is used in the course of commission.  Since a deadly weapon was used during this crime, a first degree sentence of 10-20 years was warranted, but the judge chose to impose a 30 year sentence instead.  In making this decision, the court looked at Mr. Alexander’s history of parole violations, and his convictions involving drugs and weapons.  The judge found that he was a danger to the community and that this was exactly the type of situation that “extended term” sentencing was designed to remedy.  The prosecutor suggested that a 50 year term or higher would not have been inappropriate given the man’s past behavior.

For more information on Robbery or Weapons Offenses in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.
Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Robbery and Weapon Offenses, Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable  attorney to fight for you, call 1-866-664-8118.